GENERAL TERMS AND CONDITIONS OF USE FOR ONEWORLD SPORTS APP FREEMIUM SERVICES

Last update: September 27th 2023

1. Scope of application

The General Terms and Conditions of Use (“ T&Cs “) apply to the Platform of Services relating to sports training programs and sessions, sports advice and record, nutritional advice and plans, to the publication of sporting events, the publication of content and comments with the ONEWORLD SPORTS APP Community (the “ ONEWORLD SPORTS APP Services “), provided by ONEWORLD TECH SOLUTIONS, a company registered in the french directory of companies and establishments under number 909 538 118 (“ ONEWORLD SPORTS APP “) through its website www.oneworldsportsapp.com or ONEWORLD SPORTS APP mobile application.

These General Terms and Conditions of Use apply to all Users (Athletes, Coaches and Clubs), and in general to all visitors, individuals or legal entities, who access the ONEWORLD SPORTS APP Services (the “ Users “), regardless of their geographical location and for the whole world.

In accordance with Articles L. 111-1 and L. 111-4 of the French Consumer Code, the essential characteristics and prices of the Services offered by ONEWORLD SPORTS APP by electronic means are available on the website www.oneworldsportsapp.com .

ONEWORLD TECH SOLUTIONS also provides the consumer with information relating to his identity, postal, telephone and electronic contact details and activities, the functionalities of the digital content and, where applicable, its interoperability, the existence and implementation of guarantees and other contractual conditions, in accordance with Articles R. 111-1 and R. 111-2 of the French Consumer Code.

In addition, the consumer receives the information provided for in Articles L. 122-1 and L. 221-11 of the French Consumer Code, before and after the acceptance of the General Terms and Conditions of Use and in particular by means of these General Terms and Conditions of Use.

The User acknowledges having received, prior to their acceptance, in a clear and understandable manner, the General Terms and Conditions of Use and all the information listed in Article L.221-5 of the Consumer Code, and in particular the following information:

The essential characteristics of the ONEWORLD SPORTS APP Services
Information relating to ONEWORLD TECH SOLUTIONS identity, postal, telephone and electronic contact details, and activities, if not apparent from the context
Information on legal and contractual guarantees and how they are implemented
The functionalities of digital content and, where applicable, its interoperability
The possibility of using conventional mediation in the event of a dispute

2. Definitions

Athlete : A natural person who uses the ONEWORLD SPORTS APP Services for personal, professional and commercial purposes, for his own sports training, obtaining sports and nutritional information and programs, promote a Sport Club, promote its Coaching activities, propose Sports Events, exchanging with the ONEWORLD SPORTS APP Community on his physical performance and on sports and nutrition in general.

Partner applications : Mobile applications, operated by third parties, interoperable with ONEWORLD SPORTS APP Services.

Badge : Virtual reward given to Users, according to their activity registered within the ONEWORLD SPORTS APP services.

Book : Photo gallery of Users.

Sporting Event : proposal made to Athletes, by another Athlete, to participate in a sporting activity in a place, on a day and at a defined time. The proposed sporting activity may be chargeable. The Organizing Athlete of the event is solely responsible for the holding and running of the event and under no circumstances can ONEWORLD TECH SOLUTIONS be held liable.

Member : Athlete who is part of a Club or a Group of Friends after having submitted the application for membership and having been accepted by the manager(s). This status gives access to content and actions reserved within the Club (example: discussion group with other members or even invitations and training sessions).

Supporter : Athlete who is not part of a Club but who has asked to “Encourage” the Club. This status allows you to receive publications as well as invitations published by the said Club.

Club Awards : awards acquired by the Athlete as part of an activity practice within one of his clubs. This could be the ranking of the Athlete during a competition or tournament for example.

Club : natural or legal person, generally professional and regularly registered, who operates a place assigned to the practice of sport and / or who wishes to use the ONEWORLD SPORTS APP Services in order to stay in contact with its customers, Members and subscribed Supporters , to ensure its promotion via the ONEWORLD SPORTS APP Services, to create Programs and Training Sessions for its Members, and to interact with the ONEWORLD SPORTS APP Community.

It is possible to declare four types of Clubs:

Fitness Club : a location providing the public with equipment, an environment and support services aimed at improving the physical condition, relaxation and well-being of its athlete clients
Team Sports Club :an infrastructure supporting Athletes. It is made up of Members who are Athletes. It is made up of a sports team comprising Coaches (person responsible for the physical, technical and mental preparation of a group of athletes or a team) and a Staff managing the administrative part and the promotion of the club. The Team Sports Club promotes a particular team sport (football, basketball, baseball ...).
Individual Sports Club :an infrastructure supporting Athletes. It is made up of Members who are Athletes. It is made up of a sports team comprising Coaches (person responsible for the physical, technical and mental preparation of a group of athletes or a team) and a Staff managing the administrative part and the promotion of the club. The Individual Sports Club promotes a particular individual sport (tennis, judo, golf, etc.) or a family of sports (athletics, swimming, etc.).
Sports Association :an infrastructure managing various sports activities and ensuring promotion and administration. It can be a Works Council, a Gymnasium or even a Local Community. It is made up of Members who are Athletes.

Group of Friends : A group of Athletes who share a common passion through one or more sports activities. Members can create discussion groups and share Workouts and Programs among other things. A Group of Friends is a typology of Club that is not necessarily aimed at professionals (a Coach can if he/she wishes, create a Group of Friends). A Group of Friends does not have Supporters

Coach : Natural or legal person, necessarily professional and regularly registered, who operates a sports coaching activity, in particular for consumer customers and uses the ONEWORLD SPORTS APP Services in order to remain in contact with its Athletes customers and potential Club partners, ensure its promotion via the ONEWORLD SPORTS APP Services, create Training Programs and Sessions for its Athletes customers and exchange with the ONEWORLD SPORTS APP Community.

Team : A Team is composed of Athletes; it can be created by Club Members when the Club is of type “ Team Sports Club ”. It allows to easily manage the Members.

ONEWORLD SPORTS APP Community : All ONEWORLD SPORTS APP Users, Athletes, Coaches and Clubs.

Coach Data : Texts and images distributed by the Coach, Programs and Training Sessions designed by the Coach and made available to its Athlete clients using the Club Subscription features.

Training logger : Logbook containing the history of the Athlete’s training (within the last three months), as well as the history of its performance and the evolution of its anthropometric data. This log allows to ensure a follow-up of progress and physical improvements.

Nutrition Logger : A logbook containing the history of the food consumed by the Athlete.

Freemium Offer : ONEWORLD SPORTS APP services provided free of charge, for an indefinite period of time dedicated to Sport and Nutrition for Athletes as well as the promotion of Clubs and Coaches and which are the subject of the General Conditions of Use which are the subject of a separate contractual document.

User Profile : Personal data, social information and photographs provided by the User when creating the Profile and when using the ONEWORLD SPORTS APP Services. Two types of Profiles are available: Athlete and Club. The Athlete profile also contains anthropometric data.

Training program : A sequence of training sessions to be conducted over a defined period of time, necessarily greater than 24 hours. Training Programs are offered by Clubs for their Athlete members, by Coaches for their Athlete clients and also by ONEWORLD SPORTS APP for the entire Athlete community.

ONEWORLD SPORTS APP Network : Functionalities of the ONEWORLD SPORTS APP Services allowing Users to communicate with each other, through collective messages, to visualize the activities of all or part of other Users and to publish comments.

Training session : A series of weight training and fitness exercises, the instructions for which are given via the ONEWORLD SPORTS APP services, using texts, sounds, images and/or videos. A session is held on the same day. Training Sessions are offered by Clubs for their Athlete members, by Coaches for their Athlete clients and also by ONEWORLD SPORTS APP for the entire Athlete community.

ONEWORLD SPORTS APP Services : Online digital services platform, made available via the website www.oneworldsportsapp.com and ONEWORLD SPORTS APP mobile application, providing access to various functionalities and in particular to sports and nutritional programs, recording the history of Athletes’ activity, bringing together Athletes, Clubs and Coaches via the ONEWORLD SPORTS APP Network and providing services to Clubs and Coaches that may facilitate the exercise of their professional activity.

Users : Athletes, Coaches and Clubs that form the ONEWORLD SPORTS APP Community, individually attached to a User Profile.

3. Contractual documents

ONEWORLD SPORTS APP Services are governed by the following contractual documents, listed below in ascending order of contractual value:

These General Terms and Conditions of Use of the Freemium Offer
The ONEWORLD SPORTS APP Personal Data Protection Policy
If applicable, the General Terms and Conditions of Athlete Services ONEWORLD SPORTS APP
If applicable, the General Terms and Conditions of Club Services ONEWORLD SPORTS APP
If applicable, the ONEWORLD SPORTS APP General Terms and Conditions of Sale.

The access to or the use of the ONEWORLD SPORTS APP Services as part of the Freemium Offer constitutes a full consent to the General Terms and Conditions of Use and the ONEWORLD SPORTS APP Privacy Policy.

By subscribing to the Freemium Offer, the User declares that he/she has read the General Terms and Conditions of Use and the Personal Data Protection Policy and has accepted them in full, without restriction or reservation.

The User waives, in particular, the right to rely on any document contradicting the General Terms and Conditions of Use and the Personal Data Protection Policy, which would not be enforceable against ONEWORLD TECH SOLUTIONS.

The User acknowledges that he/she has the capacity to accept the General Terms and Conditions.

Any condition imposed by the User or any certification, guarantee or other statement not contained in the documents referred to above, is unenforceable against ONEWORLD TECH SOLUTIONS. The same applies to any agreement prior to this contract, express or implied, in any form whatsoever, and in particular by exchanging emails between the Parties. Any such agreements shall be deemed to be unwritten.

4. Purpose and context of ONEWORLD SPORTS APP services

The purpose of these General Terms and Conditions of Use is to define the legal framework for the provision to Users (Athletes, Clubs and Coaches) by ONEWORLD SPORTS APP, through its website www.oneworldsportsapp.com or ONEWORLD SPORTS APP mobile applications, of the various free and paid functionalities dedicated to sports training and nutrition under the name of ONEWORLD SPORTS APP Services, which are in particular the following:

Complete management of the User Profile;
Access to "FREE" training programs developed by ONEWORLD SPORTS APP;
Access to training programs created by Coaches and Clubs, shared with their Member Athletes;
Access to "FREE" training sessions developed by ONEWORLD SPORTS APP;
Possibility of creating your own sports exercises (max 20);
Ability to create your own training sessions (max 5);
Possibility of creating your own training programs (max 3);
Training logger;
Nutrition logger;
Access to the “Seasonal Fruits and Vegetables” functionality;
Training history (with advertising);
Sharing of sports activity, performances and training on the ONEWORLD SPORTS APP network;
Definition of the confidentiality parameters of the information disseminated via the ONEWORLD SPORTS APP Services;
Access to GPS tracking of certain physical activities such as running, horse riding or cycling;
Organize or participate in sporting events (max 4 per month);
Creation of a single Club (number of Members limited to 10);
Creation of a single Group of Friends (number of Members limited to 10);
Possibility for a coach to publish its profile and promote its activity as a Coach;
Obtaining Virtual Badges and experience points depending on the use of the application by the Athlete.
Within a club, it is possible to create tasks (max 20);
Within a club, it is possible to create summons to members and supporters (max 5);
Within a club, it is possible to create invitations (max 20);
Within a club, it is possible to suggest programs and training sessions to members (max 5);
Within a club, it is possible to create interactive schedules (max 2);
Within a team sport type club, it is possible to create teams to facilitate the management of invitations (max 3);
Within a club, it is possible to list the equipment necessary for the practice of the activity offered (max 5);
Within a club, it is possible to list the sport halls where the practice of the proposed activity takes place (max 3);

Some of the ONEWORLD SPORTS APP Services are available for free; others are provided via a Premium Subscription or a “One Shot Purchase”. The conditions applicable to paid services are detailed in the specific contractual documents referred to in the previous Article.

In particular, ONEWORLD SPORTS APP aims to provide consumers and professionals (Coaches and Clubs) with paid services that are subject to separate General Terms and Conditions of Services.

These General Terms and Conditions of Use govern the ONEWORLD SPORTS APP Services accessible for free (“Freemium Offer”) by all Users.

The ONEWORLD SPORTS APP Services of the Freemium Offer for Athletes are:

Complete Management of the Athlete Profile
FREE Training Programs developed by ONEWORLD SPORTS APP
Training Programs created by Coaches and Clubs, shared with their Athlete Members
FREE Training Session developed by ONEWORLD SPORTS APP
Training Logger
Nutrition Logger
Statistic History (limited to the last three months)
Training history (limited to the last three months)
Sharing of sports activity, Performance and Training on the ONEWORLD SPORTS APP Network
Definition of the Privacy Settings of the information distributed via the ONEWORLD SPORTS APP Services
Organization of Sports Events
Participate to a Sporting Event;
Creation of a single Club (number of Members limited to 10)
Creation of a single Group of Friends (number of Members limited to 10)
Obtaining Virtual Badges and Experience Points based on the Athlete’s use of the App.
Access to GPS tracking of certain physical activities such as running, horse riding or cycling;

In addition to the Freemium Offer, Athletes have access to several Premium Subscription and One-Shot Purchase packages (ONEWORLD SPORTS APP Premium Athlete Services General Conditions).

Clubs have access to specific services that are the subject of a separate paid subscription (General Terms and Conditions of ONEWORLD SPORTS APP Premium Club Services).

5. Contract duration

These General Terms and Conditions of Use are concluded for an indefinite period of time, starting from the activation of the User’s Account. It may be terminated at the initiative of each Party at any time and without notice. The termination results in the deletion of the User Profile. The termination, for the User, is carried out via the ONEWORLD SPORTS APP Services, by the feature of deleting the Profile.

After the termination of this contract for any reason whatsoever, the User’s data is kept for the period referred to in the ONEWORLD SPORTS APP Personal Data Protection Policy.

6. Services

6.1. Access to the functionalities of the ONEWORLD SPORTS APP Services

ONEWORLD TECH SOLUTIONS undertakes to implement the means allowing normal operation of access to ONEWORLD SPORTS APP Services. He can’t be blamed for:

The unavailability related to the usual maintenance of the ONEWORLD SPORTS APP Services and their update
Breakdowns due to the host, the Internet network or operator links linking the User, the host or ONEWORLD SPORTS APP to the Internet network
Unavailability resulting from a case of Force Majeure.

ONEWORLD TECH SOLUTIONS reserves the right to change the ONEWORLD SPORTS APP Services at any time.

6.2. Activation of ONEWORLD SPORTS APP Services

The activation of the ONEWORLD SPORTS APP Services constitutes the starting point for the execution of this contract.

The activation of the ONEWORLD SPORTS APP Services consists in giving the User access to an Athlete Profile depending on its situation at the time of creation, for an indefinite period.

To create its Profile, the User must follow the following procedures through ONEWORLD SPORTS APP mobile applications:

Registration via mobile App : The User will fill in its personal information from the ONEWORLD SPORTS APP mobile application, with his email and password. Upon receipt by ONEWORLD SPORTS APP of this form, then on confirmation of the email address by the user, the User’s ONEWORLD SPORTS APP Services will be activated.

6.3. Deactivation of ONEWORLD SPORTS APP Services

Each User can, at any time, deactivate his User account via the ONEWORLD SPORTS APP Mobile Application. The deactivation of the User account has the effect of making the ONEWORLD SPORTS APP services inaccessible to the User and of removing the User account from the ONEWORLD SPORTS APP social network. This will prevent other Users from interacting with the User.

6.4. Compatibility and interoperability of ONEWORLD SPORTS APP services

ONEWORLD TECH SOLUTIONS cannot ensure or guarantee that the ONEWORLD SPORTS APP Services will be compatible and/or interoperable with all hardware, software, services available on the market. To date, there is a very large number of connected materials, whether computers, smartphones, objects, etc., each based on a wide variety of technologies, operating systems and software that are constantly evolving.

As such, ONEWORLD TECH SOLUTIONS makes its best effort to allow, as far as possible, interoperability and compatibility of ONEWORLD SPORTS APP services with the most widely used third-party equipment and services on the market. However, under no circumstances, ONEWORLD TECH SOLUTIONS may be held liable due to problems of compatibility of ONEWORLD SPORTS APP services with third-party equipment and services.

7. Identification

The identifiers are unique, personal and strictly confidential.

ONEWORLD TECH SOLUTIONS and the User undertake, each as far as it is concerned, to preserve its confidentiality. The User is solely responsible for its use.

Any use of identifiers is presumed to constitute use of the Profile by its User, which the User expressly accepts.

The User undertakes to notify ONEWORLD TECH SOLUTIONS without delay of any theft or breach of the confidentiality of his identifiers, as well as any unauthorized use of his identifiers. In this case, the User must generate a new password via the ONEWORLD SPORTS APP Services.

8. Age and legal capacity

The User may only use the ONEWORLD SPORTS APP Services if he/she meets the age and/or legal capacity conditions in force in the State from which he/she wishes to access them, or if he/she has the authorization of the person legally responsible for him/her, in accordance with the procedures in force in that State.

In the event that ONEWORLD TECH SOLUTIONS learns of the use of the ONEWORLD SPORTS APP Services by a person who does not meet these conditions, the Profile and all associated data will be deleted immediately and without notice, without giving rise to any right to compensation for the User.

By using the ONEWORLD SPORTS APP Services, the User declares that he/she meets the age and legal capacity requirements in force in the State from which he/she accesses them, or is authorized by his/her legal representatives.

9. Obligation of the parties

9.1. User obligations

The User undertakes to complete his User Profile in good faith in accordance with his personal and professional situation: Athlete, Coach or Club.

The User undertakes to respect the normal conditions of use of the ONEWORLD SPORTS APP Services, to read and strictly apply the instructions of ONEWORLD TECH SOLUTIONS for the use of the ONEWORLD SPORTS APP Services, in particular with regard to health and safety.

Under no circumstances, the User is authorized to access the services for the purpose of monitoring its availability, performance or operation, or for any other comparative or competitive evaluation purpose. Under no circumstances, the User is authorized to use identifiers assigned to other Users of the ONEWORLD SPORTS APP Services.

It is strictly forbidden for the User:

To broadcast through ONEWORLD SPORTS APP Services content of a pornographic, obscene, offensive, threatening, harassing, hateful, murder, suicide, or discrimination nature that is defamatory, insulting, revisionist, racist, homophobic, advocating war crimes, child pornography, or illegal in any way whatsoever;
To disseminate content that encourages or provides instructions regarding illegal activities, or encourages physical harm or violence against a specific group;
To record on its Profile or the Profile of other Users files containing viruses, Trojan horses, worms, time bombs, cancellation robots, corrupted files or other software or Programs that may affect the proper functioning of the ONEWORLD SPORTS APP Services;
To distribute through the ONEWORLD SPORTS APP Services any content that infringes the copyright, trademarks, trade secrets or intellectual property of any person;
To broadcast through ONEWORLD SPORTS APP Services any content that infringes on the image or privacy of others;
To broadcast via the ONEWORLD SPORTS APP Services any content encouraging proselytism and displaying the User’s religious and/or political beliefs;
To use the ONEWORLD SPORTS APP Services for professional purposes and in particular for advertising purposes without first having opened a Coach or Club Profile and accepted the ONEWORLD SPORTS APP Coach Services General Conditions or the CLUB ONEWORLD SPORTS APP Services General Conditions;
To broadcast messages of an advertising or commercial nature from an Athlete Profile, and in general to divert in any way the functionalities of the ONEWORLD SPORTS APP Services for a use which is not in accordance with the category of Profile that has been chosen by the User;
In general, to publish content that may infringe the rights of third parties or be prejudicial to third parties in any way and in any form whatsoever.

ONEWORLD SPORTS APP does not perform any prior moderation, selection, verification or control of any kind whatsoever on the content published by the User on the Services.

The User is the sole and only author and is responsible for the content that he or she publishes on the Services.

The User may report any illicit or abusive content by clicking on the “Report Content” tab provided for this purpose.

ONEWORLD SPORTS APP, as a host of third party content, will be entitled to intervene to remove any content included by the User that does not comply with these GTC or with any regulations in force in one of the States where ONEWORLD SPORTS APP Services are provided, and will also be entitled to obtain financial compensation for damages suffered as a result of the User’s wrongful behavior.

The removal of illegal content by ONEWORLD SPORTS APP will under no circumstances give rise to a right to compensation for the User.

9.2. ONEWORLD TECH SOLUTIONS obligations

ONEWORLD TECH SOLUTIONS undertakes to respect, in the context of the execution of the present contract, the laws and regulations of the States from which Users access the ONEWORLD SPORTS APP Services.

ONEWORLD TECH SOLUTIONS is solely responsible for the corrective and evolutionary maintenance of the ONEWORLD SPORTS APP Services.

ONEWORLD TECH SOLUTIONS will therefore be held liable for ensuring corrective maintenance interventions in such a way as not to prevent or hinder access to the ONEWORLD SPORTS APP Services beyond a reasonable period of time.

ONEWORLD TECH SOLUTIONS undertakes to make regular backups of the data provided by Users.

In case of problems, the User can contact ONEWORLD SPORTS APP by email at contact@oneworldsportsapp.com .

With regard to the content published by the User on the ONEWORLD SPORTS APP Services, ONEWORLD TECH SOLUTIONS will ensure a posteriori moderation. The moderation by ONEWORLD TECH SOLUTIONS of the content published on the ONEWORLD SPORTS APP mobile applications consists in verifying that the content complies with the laws and regulations in force as well as the rules set forth herein, and may result in the deletion of content published by the User.

ONEWORLD TECH SOLUTIONS therefore reserves the right to delete any content that does not comply with the present Terms and Conditions of Use, and in particular those that do not comply with the principles set out in 9.1.

10. Health and safety

The User must use the content of the ONEWORLD SPORTS APP Services in accordance with any instructions or security instructions that are given by ONEWORLD SPORTS APP (for content provided by ONEWORLD SPORTS APP), Coaches or Clubs in connection with the performance of the services.

Users are reminded that before any sporting practice, any User must first check with their attending physician to ensure that they are able to do so. The same applies before any change in nutritional habits. In addition, the regular practice of a sporting activity or the adoption of a nutritional program requires regular medical follow-up. The frequency of this monitoring must be specified by the attending physician of each User.

It is strictly forbidden for a User whose physical condition or state of health does not lend itself to a sporting practice or nutritional program to use the ONEWORLD SPORTS APP Services

The ONEWORLD SPORTS APP Services are not intended to replace medical advice, but only to bring together people who are passionate about sport and nutrition for purely aesthetic purposes and personal well-being. If the User encounters any medical contraindications, discomfort or other physical or psychological problems during his use of the ONEWORLD SPORTS APP Services, he must immediately stop using the services and consult a health professional.

11. Responsibility

The User’s use of the functionalities of his Profile is under his sole responsibility. The User is informed that the content, in particular video content, that he or she broadcasts is intended to be published publicly, according to the settings that he or she has chosen, under his or her own responsibility. Consequently, the User is informed that the content that he wishes to keep private or confidential must not be disseminated on the Services.

The User is the sole responsible of the proper use of the Services, with discernment and good sense.

ONEWORLD TECH SOLUTIONS is not responsible for the use made by the User of the ONEWORLD SPORTS APP Services.

In particular, ONEWORLD TECH SOLUTIONS liability can under no circumstances be sought in the event of misuse of the services or non-compliance with health and safety instructions by the User.

With regard to the publication by Users of content on the Services, ONEWORLD SPORTS APP, as host of third-party content, cannot be held responsible for content disseminated by Coaches or Clubs if, after having received notification or warning of the publication of manifestly illegal content, has promptly withdrawn or made impossible access to the said content on the Services.

To the extent permitted by law, ONEWORLD TECH SOLUTIONS expressly excludes its responsibility for any damage, direct or indirect, resulting from misuse of the Services or from the actions of third parties. Consequently, ONEWORLD TECH SOLUTIONS cannot be held liable in the event of:

Deletion of data resulting from the User’s usage of ONEWORLD SPORTS APP Services;
Fraudulent use of the User’s identifiers by a third party or fraudulent access to hosted data;
Loss of data resulting from the use of the ONEWORLD SPORTS APP Services;
Damage, including loss of profits, loss of use, business interruption or other losses resulting from the use of the ONEWORLD SPORTS APP Services.

ONEWORLD TECH SOLUTIONS undertakes to implement the means necessary for the proper operation of the Services. Nevertheless, to the extent permitted by law, ONEWORLD TECH SOLUTIONS does not provide any guarantee, including but not limited to, that the Services will be free of anomalies or defects, errors or bugs, or that they will operate without failure or interruption, that they will operate in combination with any hardware, software, system or data or that the ONEWORLD SPORTS APP Services will be free of viruses or any other harmful elements. It is the User’s responsibility to take all appropriate measures to protect its own hardware, data, and/or software stored on its IT equipment against any damage. The ONEWORLD SPORTS APP Services and all their content are provided “as is”.

Conditions for creating a Club

To benefit from the ONEWORLD SPORTS APP Services, each sports organization - team or club or association - (hereinafter the “Beneficiary”) must appoint from among its members an administrator (hereinafter the “Administrator”) having at least the majority in his country. and having the power to create a Club in the ONEWORLD SPORTS APP mobile application for all the players of the team or the club or the association (the “Members”). The Administrator will then be the legal representative of the Beneficiary and will take responsibility for compliance with the General Conditions by each Member with regard to ONEWORLD SPORTS APP, which the Administrator expressly acknowledges and accepts. If necessary, the original Administrator may add one or more other Administrators subject to making the required modification on the Mobile Application.

Creation of a Club

The Registration (creation of the Club) will be carried out by the Administrator, exclusively via the mobile application and as follows:

Read and fully adhere to these GENERAL CONDITIONS by checking the box next to the words "I have read and accept without reservation the general conditions of use of ONEWORLD SPORTS APP";
Fill in the different fields of the creation form. When completing the registration form, the Administrator agrees to correctly complete said form, and in particular to provide only accurate, up-to-date and complete information.

Roles within a Club

It is possible to define different roles within a Club to facilitate its management. Here are the possible roles:

Administrator : Legal representative of the Beneficiary and will take responsibility for compliance with the General Conditions by each Club Member. He has the right to read, edit and delete any content produced by Club Members in the mobile application. He has the possibility to define the role of each Club Member and to set up the Club's confidentiality policy.
Supervisor : He has extended rights, which places him just below the Administrator. He can thus modify the presentation of the Club or dismiss a Member, but unlike the Administrator, he cannot request the deletion of the Club, nor modify the confidentiality settings.
Staff : Members of this role are under the responsibility of the Administrator and Supervisors. They have the possibility to animate and manage the Club and in particular to publish posts on behalf of the Club.
Coach : This role gives the possibility to send invitations, tasks and trainings to other Members. He can also compose teams if the type of Club allows it.
Member : Default role of each Member when their membership request has been accepted. This role gives in particular the right to interact with other Members and to have access to the private content of the Club.

12. Intellectual property

12.1. Ownership of ONEWORLD SPORTS APP Services

The Services are protected by intellectual property rights (such as copyright, software rights, database producer rights, trademark rights and any other existing or future intellectual property rights) which belong to ONEWORLD SPORTS APP or to third parties who have authorized ONEWORLD SPORTS APP to use them.

This contract does not transfer any intellectual property rights to the User, with the exception of a personal right of access to the Services and use of the functionalities of the Profile, which is non-exclusive, non-transferable, limited exclusively to the use of the Services in compliance with the GCU and limited to the duration of use of the Services.

In particular, it is strictly forbidden for the User:

To proceed to any form of reproduction or representation of the ONEWORLD SPORTS APP Services, in whole or in part, in any form and by any means whatsoever, without the prior written consent of ONEWORLD TECH SOLUTIONS;
To copy, modify, assemble, decompile, modify, sell, rent, lease, loan, broadcast, distribute or transfer all or part of the Services, create derivative works based on the Services, or authorize a third party to commit such acts, without the prior written consent of ONEWORLD TECH SOLUTIONS;
To modify, alter, adapt or make any change of any nature whatsoever to the introduction and content of the Services, as well as to the brands, trade names, logos etc. affixed to the Services;
To remove the mentions of identification and ownership of the Services;
To intervene on the ONEWORLD SPORTS APP Services in any way and for any reason whatsoever, including to correct errors, progressive and corrective maintenance being carried out by ONEWORLD TECH SOLUTIONS or its subcontractors;
To modify or attempt to bypass any protection device of the ONEWORLD SPORTS APP Services.

Failure to comply with the provisions of this Article shall constitute an infringement of the intellectual property rights of ONEWORLD TECH SOLUTIONS and/or third-party licensors and may result in civil and criminal proceedings.

ONEWORLD TECH SOLUTIONS expressly reserves the exclusive right to intervene on the ONEWORLD SPORTS APP Services to enable it to be used in accordance with their destination and in particular to correct errors.

12.2. Ownership of the contents published by the User

The User may publish on the ONEWORLD SPORTS APP Services, contents of which he is the author and/or contents of third parties.

The User guarantees to ONEWORLD TECH SOLUTIONS that he or she is the holder of all rights, titles and authorizations on the intellectual property rights of the content (in particular video and images) published by him or her on the ONEWORLD SPORTS APP Services (Application and/or ONEWORLD SPORTS APP website), and that he or she respects the image rights of third parties.

With regard more particularly to the onboard videos published by Coaches and/or Clubs on the Services and communicated to their Athlete clients, the Coaches and/or Clubs guarantee ONEWORLD TECH SOLUTIONS to respect the intellectual property rights and image rights of third parties:

For the videos of which they are the authors, the Coaches and/or Clubs declare and guarantee that they are the holders of all the rights, titles and authorizations on the intellectual property rights of the videos published and that they have obtained all the authorizations for image rights necessary for the reproduction, representation and usage of these videos on the ONEWORLD SPORTS APP Services, and more particularly on the Application and/or the ONEWORLD SPORTS APP website, for the entire duration of use of the Services;
For videos from third parties, the Coaches and/or Clubs declare and guarantee that they have obtained from the authors of the videos all necessary authorizations for the reproduction, representation and use of the videos on the Services, and more specifically on the Application and/or the ONEWORLD SPORTS APP website, for the entire duration of use of the Services. The Coaches and/or Clubs also guarantee to ONEWORLD SPORTS APP that they will use the videos in compliance with the moral rights of third-party authors.

By publishing images or content, the User may consent, in accordance with the privacy settings that it will have determined, to the distribution of these images and content to the ONEWORLD SPORTS APP Community and/or on the social networks of partner Applications. The User may stop sharing an image or content at any time by deleting it.

The User remains solely responsible for all published images and data content and for his or her sharing choices.

13. Data protection act

ONEWORLD SPORTS APP takes appropriate measures to ensure the protection and confidentiality of the personal information it holds, will hold, processes or will processes in compliance with the provisions of French law No 78-17 of 6 January 1978 on information technology and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

The processing of personal data is subject to a Personal Data Protection Policy accessible via ONEWORLD SPORTS APP mobile application.

In application of law 78-17 of 6 January 1978 amended by law n°2018-493 of 20 June 2018, it is reminded that the personal data requested from the User are necessary for the processing of his subscription to the ONEWORLD SPORTS APP Services in particular.

The processing of information communicated through the ONEWORLD SPORTS APP Services meets the legal requirements for the protection of personal data, ONEWORLD SPORTS APP using technologies ensuring optimal data protection.

The Data subjects, in the case of direct Users, their representatives or one of their employees, have, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, opposition, portability and processing limitation with regard to the information concerning them.

This right can be exercised by contacting ONEWORLD SPORTS APP directly in accordance with the procedures set out in the Personal Data Protection Policy.

14. Tolerances

It is formally agreed that any tolerance or waiver by one of the Parties, in the application of all or part of the commitments provided for in these general terms and conditions, whatever the frequency and duration, shall not modify them or generate any right whatsoever.

15. Modifications

ONEWORLD SPORTS APP reserves the right to modify or update these Terms and Conditions of Use at any time.

In this event, ONEWORLD SPORTS APP will notify Users of such changes by e-mail or by message displayed on the ONEWORLD SPORTS APP Services before they take effect.

By continuing to use the ONEWORLD SPORTS APP Services after any modification of these Terms and Conditions of Use and having been informed of these modifications, the User signifies his acceptance of these modifications.

16. Fairness, Good faith, force majeure

Throughout the duration of these general terms and conditions, the Parties undertake to act in good faith with regard to their mutual contractual rights and to take all measures to achieve their objectives.

Consequently, each Party undertakes to inform the other Party without delay of any difficulty it may encounter in the performance of these general conditions.

All ONEWORLD TECH SOLUTIONS obligations will be suspended in the event of force majeure and for the duration of the force majeure. The cases usually retained by French case law are considered as a forceful event, in particular:

Earthquake
Fire
Storm
Flood
Pandemic
Blocking of means of transport for any reason whatsoever
Total or partial strikes, internal or external to the company
Company’s lockout
Blocking of telecommunications
Blocking of computer networks

17. Partial invalidity

In the event that one of the provisions of these General Terms and Conditions is declared null and void or inapplicable by the judicial authority of a State, the latter shall be ineffective only in that State and, for the sole reasons of difficulty, the provision shall retain all its admissible maximum scope by the law or the case law of that State.

The nullity or inapplicability of any of the provisions of these general conditions shall not invalidate the other provisions, which shall retain all their force and scope.

18. Contract circulation

ONEWORLD TECH SOLUTIONS is free to assign these General Terms and Conditions of Use to any third party of its choice at any time. In the event of a transfer of the present contract, the transfer will be made enforceable against the User by simple information transmitted by the third-party transferee to the User by email.

ONEWORLD TECH SOLUTIONS guarantees that the transferee will be subject to compliance with the commitments of the ONEWORLD SPORTS APP Personal Data Protection Policy.

19. Subcontracting

ONEWORLD TECH SOLUTIONS shall be free to involve any subcontractors in the performance of this contract, in particular for the hosting of User data and content provided through the ONEWORLD SPORTS APP Services.

20. Applicable legislation, language, dispute resolution

The General Terms and Conditions of Use are governed by the laws and regulations of the French Republic.

The General Terms and Conditions of Use are written in French. In the event that they are translated into one or more languages, only the original French text shall prevail in the event of a dispute.

In the event that a dispute arises between the Parties in the execution or interpretation of this Agreement, the Parties undertake to attempt to resolve it amicably in advance.

The consumer remains free to bring an action before the court of his choice at any time.

Mediation and conciliation are two methods of amicable conflict resolution involving a third party, the mediator and the conciliator.

Mediation is a method of conflict resolution that consists of accompanying the Parties and seeking the advice of a qualified third party, the mediator, a process freely accepted by the Parties. The mediator handles the case with both Parties, in his office, unlike the conciliator who can handle the case with only one of the Parties.

Conciliation consists of the intervention of a third party, the justice conciliator, who, after listening to the Parties and analyzing their point of view, proposes a solution to settle their dispute. It is the last resort to try to obtain an amicable settlement of a dispute before initiating legal proceedings. It aims to seek a compromise between two opponents who have an interest in reconciling. Conciliators are voluntary auxiliaries to the judiciary, appointed by the First Presidents of the Court of Appeal, preferably from among persons with some legal experience. They are responsible, outside any legal proceedings, for helping their fellow citizens to settle disputes and may be referred to them, without any particular formality, by any consumer, during their duty at the level of the cantons. The task of conciliators is to bring the opponents together and lead them to discover the solution to their dispute themselves. The agreement of the Parties, if obtained, may be given concrete form by a statement of agreement which shall have the legal force of a contract. The court of first instance may enforce this statement of agreement if one of the Parties so requests. However, this must be achieved and completed quickly because the conciliation procedure does not interrupt or suspend the time limits for legal proceedings. To find out where they are, on what days and at what times they are on duty, you should contact the registry of the Court of Appeal or the town hall or on the Internet on the website of the Ministry of Justice.

In the event of a dispute, the most diligent Party may send the other Party a registered letter with acknowledgement of receipt to request an amicable resolution procedure for the dispute.

If the User is a consumer subject to French law, if he or she so wishes, he or she may also refer the case to the national consumer ombudsman responsible for Digital Commerce:

Fédération du e-commerce et de la vente à distance (FEVAD).
Adresse : 60 rue la Boétie – 75008 PARIS

Internet Web site http://www.mediateurfevad.fr/

The User is informed that the mediator may only be brought before the User after having first attempted to resolve the dispute directly with ONEWORLD TECH SOLUTIONS by means of a written complaint.

The time limit for referring the case to the mediator is one year from the date of the complaint.

If, at the end of a period of 90 days from the date of first submission of the registered letter referred to in the preceding paragraph, the Parties are unable to reach agreement, the dispute shall then be submitted, at the initiative of the most diligent Party, to the competent courts.

ANY DISPUTE ARISING FROM THE INTERPRETATION OR EXECUTION OF THESE GENERAL TERMS AND CONDITIONS OF USE SHALL FALL EXCLUSIVELY WITHIN THE JURISDICTION OF THE COMPETENT FRENCH COURTS, IN PARTICULAR FOR PROFESSIONALS WHO EXPRESSLY WAIVE THE BENEFIT OF ANY COURT OTHER THAN THOSE OF THE PARIS COURT OF FIRST INSTANCE. IF A MORE FAVOURABLE JURISDICTIONAL COMPETENCE APPLIES IMPERATIVELY TO THE USER BECAUSE OF HIS STATUS AS A CONSUMER, THEN, FAILING THIS, THE COMPETENT COURTS SHALL BE THOSE DESIGNATED BY THE LAWS, REGULATIONS AND INTERNATIONAL TREATIES IN FORCE. IF A CONFLICT OF JURISDICTION SHOULD ARISE, THE COMPETENT COURT WILL BE THE ONE CHOSEN BY ONEWORLD SPORTS APP.